New Ruling In Dui Cases Boosts State

January 28, 1986|By United Press International

FORT LAUDERDALE — A ruling that can force drunken-driving defendants to undergo sobriety tests in front of a jury will help prosecutors outmaneuver defense lawyers who claim their clients failed the tests because of handicaps, a state attorney said Monday.

Jim McLane, an assistant state attorney in Broward County, said the 4th District Court of Appeal's ruling last week gives prosecutors another tactic in dealing with drunken-driving suspects.

He said defense lawyers often imply -- without evidence -- that their clients failed roadside sobriety tests, slurring their speech or stumbling in the presence of arresting officers, because of a mental or physical impairment.

''All the defense has to do is raise reasonable doubt,'' McLane said.

He said the ruling will allow prosecutors to force a defendant to speak or take a sobriety test in court.

''The jury can see if a person does well or not,'' McLane said.

The case stems from a 1983 arrest on charges of driving under the influence. Davie police stopped a car driven by Kendra Sue Macias, a cocktail waiter. Court records show she failed a sobriety test.

At her trial in Broward County, the prosecutor persuaded the judge to force Macias to say her name and perform a sobriety test. McLane said the prosecution ''anticipated'' the defense would imply that Macias suffered from a speech impediment.

The jury convicted Macias, but a circuit court reversed the verdict. McLane was assigned the case and won a reinstatement of conviction from the 4th District Court of Appeal.

He said the ruling will have statewide impact.

''The court said the defense has to prove there was an impairment,'' he said. ''They have a burden of showing it was in fact an impairment.''

Fred Haddad, the Fort Lauderdale lawyer who represents Macias, said he will appeal the decision to the state Supreme Court. He said being required to perform the test in court violated her Fifth Amendment right against self- incrimination.

The appeal court said performing a sobriety test is not testimony and therefore is unprotected by the Fifth Amendment.